BABU Vs. TALUK DEVELOPMENT BOARD BIJAPUR

JUDGEMENT

(1.) The petitioners were Class IV emloyees in the Dist Board, Bijapur established under the Bombay Local Boards Act, 1923. With effect from 1st Novr, 1959, the Dist Board was abolished on coming into force of the Karnataka Village Panchavats and Local Boards Act, 1959 (hereinafter referred to as 'the Act'). Under the Rules existing prior to the Act came into force, the petitioners had a rieht to remain in service till they completed 60 years. On 22nd Novr, 1967, the petitioners were absorbed in the Taluk Board. Bijapur. Under Rule 15 of the Karnataka Panchayats and Taluka Boards Employees (Recruitment and Conditions of Service) Rules, 1962, shortly called 'the Rules', the age of superannuation of the Taluk Board employees has been fixed at 55 years and accordingly the petitioners have been asked to retire. The petitioners do not dispute the right of the Govt to frame Rules regulating their conditions of service, but they say that the Rules are not applicable to them since they were framed prior to their absorption. In other wcrds, according to them, only the rules framed after their absorption are applicable to them.

(2.) In support of the contention, the petitioners rely upon Cl(b) of second proviso to sub-sec (1) of S.242 of the Act. It provides as follows :

(3.) Sec.242(1) (b) confers two-fold rights on the employees of the defunct Dist Board. First part of the section deals with their right to be absorbed either in the Taluk Board or in the Govt service. Second part provides for their conditions of service. To be precise in terms on the second right, I quote the relevant and the last portion of Sec.242(1) (b)